Benson v. Benson

Decision Date23 December 1902
PartiesBENSON v. BENSON.
CourtMissouri Court of Appeals

Appeal from St. Louis circuit court; D. D. Fisher, Judge.

Petition by John F. Benson against Annie Benson, administratrix, etc., for an order requiring defendant to pay plaintiff's fifth-class claim. The probate court and the circuit court (to which the case was appealed) both made orders directing defendant to pay all demands of the first, second, third, and fourth classes, and 50 per cent. of all demands of the fifth class, and the administratrix appeals. Affirmed.

The case originated in the probate court of the city of St. Louis, where plaintiff filed his petition for an order on the defendant to pay, in full or pro rata, his fifth-class claim, of $122.85, which had been duly probated against the estate of appellant's intestate, and placed in the fifth class of demands. On a hearing in the probate court, that court made an order directing appellant to pay all demands of the first, second, third, and fourth classes allowed against the estate, and 50 per cent. of all the demands of the fifth class. The case was appealed to the circuit court by the administratrix, where the cause was submitted to that court on the following agreed statement of facts and contentions of the parties:

"In order to obtain a speedy trial of this cause, and to minimize the expense thereof, it is hereby stipulated and agreed by and between the parties to this cause that the same be submitted to the court without a jury, and without argument, and upon the following agreed statement of facts, and contentions of the respective parties based thereon, to wit:

"Statement of Facts. On or about the ____ day of June, 1898, defendant, Annie E. Benson, was by the probate court of the city of St. Louis appointed administratrix of the estate of said Henry C. Benson, qualified as required by law, and, on the ____ days of June and July following, published notice of her appointment. On the ____ day of June, following her appointment, the administratrix filed an inventory and appraisement of the property of the estate as the law directs. At the time of his death said Henry C. Benson was the owner of, and engaged in operating, a soda-water factory in the city of St. Louis. The appraisers appointed by the probate court appraised the machinery, stock on hand, and equipment of this factory at $1,829.88, when in fact its market value at the time did not exceed six or seven hundred dollars. From the property last described there was set off to the widow, said Annie E. Benson, as her absolute property, pieces of machinery and parts of the equipment of the value of $400, according to said appraisement, leaving the remainder of said plant and equipment of the appraised value of $1,429.88. This residue consisted largely of bottles, boxes, corks, etc., used in the business. Annie E. Benson is an uneducated and very ignorant woman. Her ability to write and read writing is limited to her own name, and her ability to read print is limited to the simplest words. While plaintiff was present and assisted the appraisers in appraising said property, defendant was not present, was not consulted, and made no suggestions regarding said appraisement, and at no time knew the market value of said property. On June 28, 1898, the probate court directed said administratrix to sell said residue of the equipment of said factory, which was appraised as aforesaid at $1,429.88, for cash, at not less than the appraised value. Pursuant to this order, the administratrix made an effort to sell said property, but failed to find a purchaser. Having reported this fact to the court, the court afterwards, on October 24, 1898, made a second order directing her to sell said property for cash, at not less than its appraised value, and further directing her to retain said property at its appraised value in case she could find no other bidders at that price. Afterwards, on April 29, 1899, she reported to the court that she had made diligent effort to sell said property on the terms named in said order, and, to that end, had offered the property to the heirs and creditors of the estate, and, having received no bids for the same, had retained the property herself at its appraised value, $1,429.88, as directed by the court. This report was approved by the court, and defendant charged with said amount. The defendant has not disposed of this property, but substantially all of it is now in her possession, and is now worth substantially as much as at the date that she purchased it. By charging herself with the appraised value of said property, $1,429.88, defendant's last annual settlement, made prior to the filing of the petition herein, shows a balance in her hands of $1,023.29. At the date that plaintiff filed his petition herein, only a part of the expense of the administration of said estate had been paid. Since this cause was appealed from the probate cour...

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5 cases
  • Ambruster v. Ambruster
    • United States
    • United States State Supreme Court of Missouri
    • September 4, 1930
    ...to himself of property of the estate is not void but is, at most, merely voidable. Mitchell v. McMullen, 59 Mo. 252; Benson v. Benson, 97 Mo. App. 460; 24 C.J. 636, sec. 1592; L.R.A. 1918-B. 26; Otis v. Kennedy, 107 Mich. 312; Scott v. Gamble, 9 N.J. Eq. 218. (a) An heir or distributee may ......
  • Ambruster v. Ambruster
    • United States
    • United States State Supreme Court of Missouri
    • September 4, 1930
    ...1592, p. 636; Bopst v. Williams, 287 Mo. 317, 334, 229 S.W. 796, 801; Gilmore v. Thomas, 252 Mo. 147, 155, 158 S.W. 577, 578; Benson v. Benson, 97 Mo.App. 460.] the sale is set aside he holds title as trustee for the interested parties, and they may elect to ratify the sale and hold him as ......
  • Van Bach v. Missouri Pacific Railroad Co.
    • United States
    • United States State Supreme Court of Missouri
    • December 24, 1902
  • Benson v. Benson
    • United States
    • Court of Appeal of Missouri (US)
    • December 23, 1902
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